Barbara Sadler: How Long Do They Keep You In Jail For A DUI?

If you are someone that loves to party all night long and then you immediately get behind the wheel and race with your friends, then that is really something that will get the cops angry on you. You might say that you are doing fine behind the wheel and that there is nothing wrong that can happen, but the law is the law and it doesn’t really matter if you’re a superhero or not, you will need to abide to it.

Thus, if you will get to meet the police on the way and they will stop you and notice that you are drunk, you will certainly need to consider getting yourself a UTAH DUI Attorney. You will see that he will know exactly what to do in order to get you out of the mess that you have fallen into.
Some people will think that they are so smart and they will delve into getting out of this situation by themselves, by that will certainly be a mistake, as every case is different and has a certain degree of complexity. You will sooner or later need professional help from a Utah DUI Attorney. When you will get in touch with such a lawyer, you will not have to worry about the outcome of the trial in court, for he will swing things around so that you will get to win the trial. He has the necessary know how that he will certainly employ in order to get you out of this mess.
You will see that the prices for such lawyers will vary and you will need to get one according to your budget. If you think that getting one is too expensive for your pockets, then think of the fact that going to jail is not something that will make you happy. So spending a few extra hundreds dollars will only be to your benefits.
There might be errors in the tests you took, for example in the blood tests or in the chemical tests. There are some cases in which the equipment the specialists are using is very much old and not working up to par, so this is the perfect scenario for a mistake to slip in.
These are important things that a lawyer will consider when he will be trying to win your case over the accusation. Always make sure to get a good DUI lawyer, as your chances of getting away with it will increase a lot.
Ok. So you went out one night and had a few too many and you got arrested for DUI. You sat in jail over night and finally bonded out or got ROR’d the next morning. You may even have blown over the legal limit. You feel bad physically from the arrest and spending the night in jail. You may also feel bad physically from the “few too many” that you had the night before. Many times I have been asked by potential clients that have blown over the.08 limit here in Utah, whether it is worth it to retain an attorney? The answer is yes. I know. Of course I am going to say that. I represent people who get arrested for DUI. That is true. While I would like you to hire me, ultimately I believe that no matter how your case looks at the beginning, it is always a good idea to hire an attorney for DUI cases. They are arguably the most complicated criminal cases to prosecute, and that includes murder cases.

When you are arrested for DUI in the state of Utah, it triggers two separate procedures: most people are aware that they are criminal prosecution, and the administrative suspension of your driver’s license. Once you are arrested for DUI, the clock is ticking. You have 10 calendar days from the date of the arrest to file a request with the Utah Department of Highway Safety and Motor Vehicles (DHSMV) for a review of your case to challenge the suspension of your driver’s license. If you fail to timely file this request, you will waive a very valuable right. Even if you are not convicted of the criminal case, you will have your driver’s license suspended while the criminal case is pending. Utah law allows for you to have a formal hearing to contest the sufficiency of the procedures followed which ultimately led to your administrative suspension. Of course having the hearing does not guarantee that the suspension will be overturned. However, it does happen. So why would you waive this right?
What can my attorney do to defend my DUI charge?
It is important to remember that no attorney can tell you exactly how they are going to defend your case during that first phone call or initial office consultation. So when you call the attorney and tell him that you got arrested for DUI and your breath test was a.20, our work won’t really begin until we start reviewing the discovery (police reports, witness statements, video’s, crash reports, etc.). Only then will we begin to determine what defense, if any, is appropriate. However, there are several ways that we as criminal defense attorneys can help you during a criminal case in general and a DUI specifically.
Motions to Suppress
In addition to the administrative process, you will be facing a criminal charge of DUI. I know a form prosecutor in Utah who said: I spent some of my time prosecuting exclusively criminal traffic court cases. During that time I read DUI report after DUI report. I can tell you that many, many times I read cases where police officers made glaring errors during the DUI arrest. Because of the rights guaranteed by the 4th and 5th Amendments to the United States Constitution, it doesn’t matter how many drinks you had; or how high your breath test was; or how poorly you performed on the field sobriety tests. If law enforcement violated your right to an unreasonable search and seizure, or violated your Miranda Rights; your attorney can do something about it. I remember sitting in my office and thinking to myself that I hoped this guy or that guy didn’t hire a lawyer to contest the charges because I would see that the arrested person could file a motion to suppress certain facts. When evaluating your case and determining if there is a motion to suppress in your case, your attorney will look to see if the is a Motion to Suppress with respect to some of the following issues:

The Stop

Often times the initial traffic stop by law enforcement was conducted in violation of the 4th Amendment to the U.S. Constitution. Was there only minimal weaving over a short distance? Or was there some other minimal driving pattern that does not rise to the level of reasonable suspicion required by law enforcement to make a traffic stop? If so, and the Court grants a Motion to Suppress then your case is over. If the initial stop is successfully suppressed, the State cannot go forward on the rest of the DUI case.

Field Sobriety Tests (FST’S)

Consumption of alcohol alone does not justify a law enforcement officer’s request for FST’S. After a review of the evidence in your case it may be determined that after your routine traffic stop, the law enforcement officer only documented an odor of alcohol or blood shot watery eyes. Based on this, or some other fact, it may be possible to suppress the FST’s.

Violation of Miranda Warnings

During the DUI investigation, did law enforcement fail to advise you that you have the right to an attorney during questioning? Or did they advise you improperly? Often times statements made by a criminal defendant are critical to the prosecutor’s case. If they are suppressed it could materially impact the State’s case.

Accident Report Privilege

If a DUI investigation results after an automobile accident, Utah Law prohibits statements made to law enforcement officers during the initial crash investigation to be used in the subsequent criminal case. Frequently, critical statements are made during the crash investigation that can be suppressed in the criminal case.

Breath/Blood/Urine Tests

Having a breath or blood alcohol level above a.08 does not mean that you are automatically going to be convicted of your DUI charge. Was the breath test instrument properly maintained, tested, and/or calibrated? Did law enforcement comply with proper procedures under the Implied Consent Law? Did law enforcement have the right to request or compel you did take a blood test? Was the blood test taken by a qualified person under the law? A positive urine test does not necessarily mean that the prosecutor can prove the case. Positive urine tests do not necessarily prove that you were under the influence of the drug or medication at the time of driving. This is an area of the law which often yields motions to suppress.

Refusal of Breath/Blood/Urine Tests

During the DUI investigation did the law enforcement office fail follow the proper procedure or fail to provide the proper warnings required by the to

Reduction To Reckless Driving

Frequently, if the facts or evidence of your case are such that a motion to suppress can be filed or prevails in court, or that the State’s case is weak, this can lead to the prosecutor concluding that reducing your charge to reckless driving is necessary or appropriate. There may be a myriad of other factors which may convince the prosecutor that a reduction to a reckless driving charge is warranted. A reckless driving conviction is ultimately better than a DUI conviction for a number of reasons including the fact that your driver’s license will not be suspended, and you will not have a DUI conviction which may enhance a future or past DUI conviction.

Trial

In the state of Utah, you have the right to a jury trial to contest your DUI charge. If you are unable to resolve your case through the normal course of litigation and plea discussion, and you have carefully consulted with your attorney, a trial may be the best way to resolve your case.

You can never judge any criminal case and DUI cases in particular, just based on the arrest, video, and breath test alone. There are many other factors to consider. Going into court and pleading to a DUI without consulting with an attorney can be a big mistake. An experienced attorney can help you navigate through the complicated process and help you get the best disposition possible.

Barbara Sadler

Wednesday, 12 February 2020

How Long Do They Keep You In Jail For A DUI?